HomeMy WebLinkAboutMC-1041
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Adopted: February 1, 1999
Effective: Karch 4, 1999
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ORDINANCE NO. KC-104l
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
3 CHAPTERI9.06, SECTION 19,06.030(2)(B)(I) OF THE SAN BERNARDINO
MUNICIPAL CODE (DEVELOPMENT CODE) TO ALLOW AN ALCOHOLIC
4 BEVERAGE CONTROL LICENSE WITHIN 100 FEET OF RESIDENTIALLY USED,
5 BUT NOT RESIDENTIALLY ZONED PROPERTY, WITH A CONDITIONAL USE
PERMIT,
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THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
7 DO ORDAIN AS FOLLOWS:
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SECTION 1. Section 19.06.030(2)(B)(1) of the Municipal Code (Development Code)
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is amended to allow an Alcoholic Beverage Control license within 100 feet of residentially
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11 used property that is not residentially zoned; all other provisions of Section 19.06.030(2)(B)(1)
12 remain unchanged.
13 Section 19.06.030(2)(B)(1) IS hereby amended to read as shown on Attachment A,
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Development Code page 11-84 attached hereto and incorporated herein by reference.
KC-lO(f
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AN ORDINANCE .AMENDING CHAPTER 19.06, SECTION
19.06.030(2)(B)(1) OF THE SAN BERNARDINO MUNICIPAL CODE
(DEVELOPMENT CODE) TO ALLOW AN ALCOHOLIC BEVERAGE CONTROL
3 LICENSE WITHIN 100 FEET OF RESIDENTIALLY USED, BUT NOT
RESIDENTIALLY ZONED PROPERTY, WITH A CONDITIONAL USE PERMIT.
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I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and
6 Common Council of the City of San Bernardino at a meeting thereof held on the 1 s t day
7 of
February
8 Council Members:
9
ESTRADA
10
11 LIEN
12 VACANT 3RD Ward
13 SCHNETZ
14
DEVLIN
15
ANDERSON
16
17 MILLER
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, 1999, by the following vote to wit:
AYES
NAYS
ABSTAIN
ABSENT
x
x
x
x
x
x
()cLiu(.):; . C~L.-~
"--
City Clerk
The foregoing prdinanceis hereby approved tho
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Approved as to form
25 and legal content:
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JAMES F. PENMAN
C;f" ~
BY:. .'VIvJ 1
j
day of February 1999.
JUDITH V
City of San
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KC-104l
COMMERCIAL DISTRICTS - 19.06
flood control channel, the distance shall instead be measured by the
shortest route of travel. MC 977 7/31/96.
3. Signs. All on-site signage shall conform to Chapter 19.22.
4. Viewing Area.
a. It is unlawful to maintain, operate or manage or permit to be
maintained, operated or managed any adult arcade in which the
viewing areas are not visible from a continuous main aisle or are
obscured by a curtain, door, wall, or other enclosure. For
purposes of this Section, viewing area means the area where a
patron or customer would ordinarily be positioned while watching
the performance, picture, show or film.
b. It is unlawful for more than I person at a time to occupy any
individually partitioned viewing area or booth.
c. It is unlawful to ereate, maintain or permit to be maintained any
holes or other openings between any 2 booths or individual viewing
areas for the purpose of providing viewing or physical access
between the booth or individual viewing area.
d. The opening to the viewing area shall be from the main aisle.
B. ALCOHOL BEVERAGE CONTROL "ABC" LICENSE
A business or establishment requiring issuance of an "ABC" license is subject to a
Conditional Use Permit, and shall comply with the following standard(s), in
addition to conditions imposed by the Commission:
1. Establishments subjeet to an off-site "ABC" license shall not be loeated
within 500 feet of any religious institution, school, or public park within
the City; 100 feet of any property designated for residential use; and shall
not be located in such close proximity to another similar use to cause
oversaturation of the neighborhood. The license application shall be
reviewed by the Police Department prior to City approval.
2. These locational criteria are not applicable to existing off-site "ABC"
licenses which are to be transferred to a new site within 75 feet of the
currently licensed facility. MC 10008/21/97
3. Establishments containing 15,000 square feet or more whieh do not sell
alcoholic beverages as the principal business are exempt from the
requirement for a Conditional Use Permit. MC 851 10/5/92
4. An existing, legal, nonconforming convenience store with a current
"ABC" license for beer and wine in a CN District, which is within 100
feet of property designated for residential use, or used for residential
purposes, may upgrade to liquor sales subject to approval of a Conditional
11-84
1/97
ATTACHMENT A